Prepublication Review Process

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A Step in the Right Direction for Prepublication Review

A recent clarification could help former government employees who once held security clearances publicly write and speak more freely.
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The New Intelligence Community Directive on Prepublication Review: Important Reforms and Critical Omissions

The ODNI's prepublication review directive improves several important aspects of the system, but fails to make certain critical changes.

The ODNI’s New and Disappointing Prepublication Review Process

Intelligence Community Directive 711 contains modest improvements, but is a missed opportunity provide uniform standards across agencies.
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Supreme Court Should Address Prior Restraints on Former Gov’t Employees

U.S. intelligence agencies prohibit millions of former public servants from speaking or writing about government policy without first obtaining the government’s approval - based…

How the U.S. Government Built the Largest System of Prior Restraint in U.S. History

Prepublication review has ballooned since 1980 Supreme Court decision in Snepp v. U.S.
Redacted text on a sheet of paper.

Prepublication Review and the Quicksand Foundation of Snepp

A massive system of prior restraint hangs on an irregular Supreme Court footnote.

2022 Update: Good Governance Paper No. 5: Prepublication Review – How to Fix a Broken System

At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.
Redacted text on a sheet of paper.

How a New Administration—and a New Congress—Can Fix Prepublication Review: A Roadmap for Reform

The new administration, and the new Congress, should act more decisively to reform this broken system.
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

Good Governance Paper No. 5: Prepublication Review — How to Fix a Broken System

Fifth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.
A redacted document with blurry text where there aren’t redactions.

A District Court Endorses a Broken Prepublication Review System

Last week, a district court in Maryland dismissed a constitutional challenge to the system of prior restraints that prohibits millions of former intelligence agency employees from…
Trump and Bolton

John Bolton’s Silence — Here’s how he could lawfully break it

"If he wanted to, Bolton could this afternoon ..."
Bolton and Trump

Explainer: Prepublication Review and How it Applies to Bolton

An explainer of the key features of the prepublication review process and the significant discretion it gives the government to suppress protected speech—potentially including…
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